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AMERICAN BEN. LIFE INS. CO. v. McINTYRE

77-781.

375 So.2d 239 (1979)

AMERICAN BENEFIT LIFE INSURANCE COMPANY v. Mark McINTYRE.

Supreme Court of Alabama.

Rehearing Denied August 17, 1979.

Attorney(s) appearing for the Case

Robert M. Alton, Jr., W. Stephen Graves, Montgomery, for appellant.

M. R. Nachman, Jr., of Steiner, Crum & Baker, Montgomery, for appellee.

James C. Barton, Birmingham, for amici curiae, Birmingham News Co. and Alabama Press Assn. on rehearing and en banc hearing.

PER CURIAM.

This is an appeal by plaintiff, American Benefit Life Insurance Company (American Benefit) from a summary judgment entered against it and in favor of defendant, Mark McIntyre. We reverse and remand.

On August 31, 1977 The Alabama Journal, a Montgomery, Alabama daily newspaper, published an article authored by defendant, Mark McIntyre, which dealt in pertinent part with a 1976 State Insurance Department report. The published article stated...

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